Supreme Court of India · 2004-04-05
HASANBHAI V. QURESHI vs STATE OF GUJARAT .
- Citation / case number
- SC 2004/1998
- Court
- Supreme Court of India
- Petitioner
- HASANBHAI V. QURESHI
- Respondent
- STATE OF GUJARAT .
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT. DORAISWAMY RAJU
Judgment text excerpt
The Supreme Court held that the deletion of Sections 395 and 120B IPC from the FIR by the prosecuting agency was permissible under the law, as the police are not the ultimate authority on applicable sections. The Court emphasized that the complainant has remedies available under the Code of Criminal Procedure, 1973 for further investigation, and thus the High Court's dismissal of the writ petition under Article 226 of the Constitution was justified. The Court reiterated that the prosecuting agency must act independently, but the remedy lies within the trial court's jurisdiction.